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TINJAUAN NORMATIF DAN YURIDIS TERHADAP TRADISI PERJANJIAN PRANIKAH (STUDI DESA SIRNOBOYO KECAMATAN GIRIWOYO KABUPATEN WONOGIRI)
Sirnoboyo Village, located in Giriwoyo District, Wonogiri Regency, has a unique tradition in the engagement process, namely the existence of a prenuptial agreement mutually agreed upon either orally or in writing by both parties. This agreement outlines a time limit for the marriage to be held and includes a financial penalty if one party unilaterally cancels the engagement. The practice emerged as a social response to prior conflicts resulting from broken engagements and has since evolved into a binding communal custom. However, the existence of this tradition raises legal concerns, given the lack of explicit regulation on engagements in Indonesia’s positive law, and the need to examine the validity of such agreements under both Islamic law and national law. This study is a field-based qualitative research with a descriptive-analytic approach, utilizing a normative-juridical framework. The normative approach is applied to assess the practice within Islamic legal theory, specifically through the concept of ‘urf (legitimate custom), while the juridical approach analyzes its compatibility with the Indonesian Civil Code and Law Number 1 of 1974 on Marriage. Data were collected through observations, interviews with community leaders, village officials, and couples who had entered such agreements, as well as document analysis of legal records and scholarly literature. The data were analyzed using inductive reasoning to derive conclusions from empirical findings and normative principles. The findings indicate that the prenuptial agreement tradition in Sirnoboyo qualifies as ‘urf ṣaḥīḥ (valid custom) since it aligns with Islamic legal objectives, does not contradict the sharia, and aims to achieve public benefit (maṣlaḥah). From a legal perspective, the agreement does not constitute a marital contract as defined in Article 29 of the Marriage Law, but rather a customary agreement valid under Article 1320 of the Indonesian Civil Code and acknowledged as living law under Article 18B paragraph (2) of the 1945 Constitution. The customary penalty serves as liquidated damages, ensuring legal certainty and practical enforceability. Therefore, this tradition represents a legitimate form of socio-legal engineering that is both valid and relevant within Indonesia’s pluralistic legal system.
FAKULTAS SYARI’AH DAN HUKUM, UIN SUNAN KALIJAGA YOGYAKARTA
TINJAUAN NORMATIF DAN YURIDIS TERHADAP TRADISI PERJANJIAN PRANIKAH (STUDI DESA SIRNOBOYO KECAMATAN GIRIWOYO KABUPATEN WONOGIRI) (Text)
TINJAUAN NORMATIF DAN YURIDIS TERHADAP TRADISI PERJANJIAN PRANIKAH (STUDI DESA SIRNOBOYO KECAMATAN GIRIWOYO KABUPATEN WONOGIRI) (Other)
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